A 4th degree DWI is Minnesota's least serious DWI charge, but it still carries jail time, fines, and a driver's license suspension

In Minnesota, a 4th degree DWI is charged when you drive under the influence and have no prior DWI convictions within the past 10 years. It is a misdemeanor, not a felony. You face up to 90 days in jail, a fine between $200 and $1,000, and a license suspension of at least 90 days. A conviction also creates a permanent criminal record and affects insurance rates, employment, and housing applications.

The charge applies whether your blood alcohol content (BAC) was 0.08 or higher, you refused a breath or blood test, or you showed signs of impairment from drugs or alcohol. Minnesota does not distinguish between first-time offenders and repeat offenders at the 4th degree level — the prior conviction window is 10 years, so a DWI from 11 years ago does not count.

Key Takeaways

  • A 4th degree DWI in Minnesota is a misdemeanor with penalties of up to 90 days in jail, a $200 to $1,000 fine, and a 90-day license suspension.
  • You are charged at the 4th degree level only if you have no prior DWI convictions in the past 10 years, regardless of how many times you were arrested before that window.
  • Refusing a breath or blood test carries the same charge and penalties as a failed test, but the refusal itself can be used against you in court.
  • A conviction creates a permanent criminal record that affects employment, housing, insurance, and professional licenses, even though it is a misdemeanor.
  • Minnesota allows a limited work permit during suspension in some cases, but you must request it and meet specific conditions.

How Minnesota Defines and Charges 4th Degree DWI

Minnesota Statute 169A.20 defines a 4th degree DWI as driving under the influence with no prior DWI convictions in the past 10 years. The state does not need to prove your BAC was exactly 0.08 — they can charge you based on a BAC of 0.08 or higher, a refusal to test, or observable signs of impairment such as slurred speech, poor balance, or failed field sobriety tests.

The 10-year lookback period is strict. A DWI conviction from 11 years ago does not count toward a higher charge. However, if you have a conviction within the past 10 years, the charge jumps to 3rd degree, which is more serious. The date of the offense, not the date of conviction, determines which prior convictions count.

A 4th degree charge can also result from driving under the influence of drugs, prescription medications, or a combination of alcohol and drugs. You do not have to be impaired by alcohol alone. The officer's observations and any chemical test results are the main evidence used to support the charge.

Penalties for a 4th Degree DWI Conviction

If convicted of a 4th degree DWI, you face mandatory penalties set by Minnesota law. Jail time ranges from zero to 90 days, depending on the judge and the circumstances of your case. Fines range from $200 to $1,000. These are minimums and maximums — the actual sentence falls somewhere in between.

Your driver's license will be suspended for at least 90 days. If you refused the breath or blood test, the suspension is automatic and separate from any court-ordered suspension. You can request a limited work permit that allows you to drive to and from work, school, or medical appointments, but you must file the request with the court and meet conditions such as installing an ignition interlock device on your vehicle.

A 4th degree DWI conviction also results in a permanent criminal record. This record appears on background checks for employment, housing, and professional licensing. Some employers, landlords, and licensing boards treat misdemeanor DWI convictions as disqualifying, even though it is the least serious DWI level in Minnesota.

License Suspension and Driving Privileges

Your license suspension begins when ready if you refused the breath or blood test — this is called an administrative suspension and happens separate from any court case. If you took the test and failed, the suspension is imposed by the court as part of sentencing.

The 90-day minimum suspension applies to all 4th degree DWI convictions. After the suspension period ends, you can explore to reinstate your license by paying a reinstatement fee (currently $680 in Minnesota) and providing proof of insurance. You do not need to retake the written or driving test unless your license had already expired for other reasons.

A limited work permit allows you to drive during the suspension period, but only for specific purposes: work, school, medical treatment, court-ordered programs, or substance abuse treatment. To obtain one, you must file a petition with the court, and the judge has discretion to grant or deny it. If granted, you may be required to install an ignition interlock device, which prevents the vehicle from starting if it detects alcohol on your breath.

Refusal to Take a Breath or Blood Test

Refusing a breath or blood test in Minnesota does not prevent you from being charged with 4th degree DWI. The refusal itself is treated as evidence of impairment, and you face the same criminal penalties as someone who took the test and failed. However, the refusal triggers an automatic administrative license suspension that begins when ready, even before any court case.

Minnesota is an implied consent state, meaning that by driving on Minnesota roads, you have already consented to a chemical test if an officer has reasonable grounds to believe you are impaired. Refusing the test violates this implied consent and results in the automatic suspension. You have the right to refuse, but the legal consequences are the same as a failed test.

If you refused the test, you can request a hearing with the Department of Public Safety within 30 days to challenge the suspension. This hearing is separate from your criminal case. At the hearing, you can argue that the officer did not have reasonable grounds to request the test or that your refusal was not clear and unambiguous. Winning the hearing does not erase the criminal charge, but it can overturn the administrative suspension.

What Happens After a 4th Degree DWI Arrest

After arrest, you will be taken to the police station or jail for booking and processing. You have the right to speak with a lawyer before answering questions. You will be given a citation or released on your own recognizance, or bail will be set. Your first court appearance, called an arraignment, usually happens within 36 hours of arrest.

At the arraignment, you will be told of the charges, your rights, and bail conditions. You can request a public defender if you cannot afford a lawyer. The prosecutor may offer a plea deal at this stage or later. If you do not accept a deal, your case proceeds to trial, where the state must prove guilt beyond a reasonable doubt.

Between arrest and trial, discovery happens — the prosecutor shares evidence with your lawyer, and your lawyer can request police reports, test results, dash camera footage, and witness statements. Your lawyer can also file motions to suppress evidence if it was obtained illegally, such as a traffic stop without reasonable suspicion or a breath test performed incorrectly.

Possible Outcomes and Next Steps

You have several options after a 4th degree DWI charge. You can plead guilty and accept the sentence offered by the prosecutor or imposed by the judge. You can plead not guilty and go to trial, where a judge or jury decides whether the state proved guilt beyond a reasonable doubt. You can also negotiate a plea deal in which the prosecutor agrees to reduce the charge or recommend a lighter sentence in exchange for your guilty plea.

Some counties in Minnesota offer DWI courts or diversion programs for first-time offenders. These programs require you to complete substance abuse treatment, attend support group meetings, and submit to random drug and alcohol testing. If you complete the program successfully, the charge may be dismissed or reduced. may be able to access varies by county, so ask your lawyer or the prosecutor whether your case qualifies.

After conviction or a guilty plea, you will be sentenced. The judge considers factors such as your BAC level, whether you caused an accident, your criminal history, and whether you completed any treatment or counseling. You can appeal a conviction, but appeals are difficult and require showing that the trial was unfair or the law was misapplied — straightforward disagreeing with the sentence is not enough.

Frequently Asked Questions

Can a 4th degree DWI be reduced to a lesser charge?

Yes, through plea negotiation or diversion programs. Some prosecutors will reduce a DWI charge to reckless driving or careless driving if you have no prior record and circumstances are favorable. Diversion programs in some counties allow first-time offenders to have the charge dismissed after completing treatment and testing requirements. Your lawyer can discuss these options based on the facts of your case and local practices.

Will a 4th degree DWI show up on a background check?

Yes. A conviction creates a permanent criminal record that appears on background checks for employment, housing, and professional licensing. Some employers and landlords will not hire or rent to someone with a DWI conviction. The record does not disappear after a certain time — it is permanent unless you pursue expungement, which is difficult and requires showing that keeping the record causes substantial harm to your reputation or livelihood.

Do I have to install an ignition interlock device?

Not automatically. An ignition interlock is required only if you request a limited work permit during your license suspension or if the judge orders it as part of sentencing. If you do not request a work permit and the judge does not order one, you can serve the suspension without the device. However, if you want to drive during suspension, the interlock is usually required.

What if this is my second DWI within 10 years?

You would be charged with 3rd degree DWI, not 4th degree. The penalties are more serious: up to one year in jail, a fine up to $3,000, and a one-year license suspension. The 10-year lookback period is the key — any prior DWI conviction within 10 years of the current offense raises the charge level.

Can I get my license back before the suspension ends?

Only through a limited work permit, which allows you to drive for specific purposes during the suspension. You must petition the court, and the judge decides whether to grant it. After the suspension period ends completely, you can reinstate your license by paying the reinstatement fee and providing proof of insurance — no test is required unless your license had already expired.